ORIENTAL INSURANCE CO LTD Vs. THANKAMMA

JUDGEMENT

(1.) The Insurance Company is in appeal against the quantum of the award made by the Tribunal. The claimants are the wife and married daughters of a 58 year old male, who was knocked down by a pickup van on 01.09.2011; who later succumbed to the injuries. The claimants, before the Tribunal, asserted that the deceased was a rubber tapper and agriculturist. They asserted a monthly income of Rs. 18,000/-.

(2.) The Tribunal fixed the monthly income of the deceased at Rs. 10,000/- and added 15% for future prospects. The learned Counsel for the Insurance Company submits that there was absolutely no evidence, on which the notional income was fixed. The Tribunal ought not to have fixed the income at Rs. 10,000/- argues the appellant. It is also contended, as per National Insurance Company Ltd. v. Pranay Sethi and Others,2017 5 KHC 350 even if the injured is a person with a fixed salary, the compensation could be only @ 10% for future prospects. The adoption of 15% by the Tribunal is erroneous, is the contention. Further, for funeral expenses when Rs. 15,000/- is the norm as per the cited decision, an amount of Rs. 25,000 was granted. There could also be no loss of love and affection compensated in circumstances of the children being adult members and also married. For loss of consortium again as per the cited decision only an amount of Rs. 40,000/- can be granted.

(3.) The learned Counsel for the respondents submits that the notional income adopted is correct, especially taking into consideration the decision in Ramachandrappa v. Royal Sundaram Alliance Insurance Company Limited, (2011) 13 SCC 236. It is also argued that even an unskilled worker will get Rs. 800-1,000 for a day in the year 2011. For loss of estate, as per Pranay Sethi [supra] a lumpsum compensation of Rs. 15,000/- is to be granted, is the contention. Taking into consideration the funeral expenses granted and loss of estate, this Court is of the opinion that no modification need be made to the compensation under either of these heads. However, as has been held in Pranay Sethi [supra], the loss of consortium will have to be reduced to Rs. 40,000/-.